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Privacy

Privacy

Privacy Policy

Pursuant to Article 13 of Legislative Decree No. 196/2003 and Articles 13-14 of Regulation (EU) 2016/679, we inform you on how and why your Personal Data will be processed by Milano Notai, Studio associato dei notai Giovannella Condò e Monica De Paoli (hereinafter referred to as “Milano Notai” or “Firm”) to carry out the legal services entrusted to the Firm.

 

  1. Data Controller

The Data Controller is:

Milano Notai, Studio associato dei notai Giovannella Condò e Monica De Paoli

Fiscal Code/VAT number 04162510962;

Main Office: Via Alessandro Manzoni, 14, 20121 – Milan;

T: +39 02 76017512;

E-mail: studio@milanonotai.it.

The Firm’s notaries are public officers, which institutionally entails guarantee and impartiality. The main task of the Firm’s notaries is to draw up authentic instruments and to provide their contents with public faith. The notary confirms that all the conditions required by law for the drawing up of the private act in question are satisfied. Furthermore, it is possible to rely on notarial services to ensure the result desired by the parties.

 

  1. Definition of “Personal Data”

For the purposes of this Privacy Policy, “Personal Data” means any information relating to an identified or identifiable natural person, such as, for example, name and surname, date and place of birth, fiscal code, telephone number, home address, email address, passport number, driving licence number, pictures, credit card numbers, etc.  (“Personal Data”).

Personal Data also include:

  • the so-called “sensitive” data, i.e. data revealing a natural person’s racial or ethnic origin, religious, philosophical or other beliefs, political opinions, membership of political parties, trade unions, associations or organisations of a religious, philosophical, political or trade union nature, health, sex life and economic situation;
  • the so-called “judicial” data, i.e. any information revealing the existence of certain judicial measures which are subject to entry in the criminal record (for example, final criminal convictions; paroling; residency and/or movement restrictions; measures other than custodial detention) or if the person is charged with a crime or under investigation.

 

  1. Nature of the Personal Data processed and collection methods

Personal Data processed by Milano Notai may include:

  1. contact details, such as name, surname, job title and/or company position, company address, home address, residence – if necessary –, telephone number, mobile phone number, fax number and e-mail address;
  2. payment data, such as data necessary for processing payments and for fraud prevention, including credit/debit card numbers and other related billing information;
  3. commercial information, where necessary for the implementation/development of a project or contractual relationship;
  4. information collected from public sources, such as archives mainly held by public entities (for example, Land Registry, Real Estate Registers, Business Register, Civil Status, Registry Office, even located abroad, where the notary has to receive an act which involves a foreign company); notaries and / or lawyers and / or external collaborators who hold Personal Data in their quality of Data Controllers;
  5. information on disputes or any judicial and / or administrative proceedings that may concern you or third parties related to you, which may also be relevant for antitrust purposes;
  6. special categories of Personal Data both for the purposes of carrying out the legal services entrusted to the Firm (for example, we may collect information about your membership of a professional association or trade union, health, and / or data related to criminal convictions and crimes as required by law). Processing of such data is based on your consent. If you do not provide your consent, however, Milano Notai will not be able to take all the necessary precautions.

Your Personal Data may be collected on several occasions, such as:

  • request for legal advice or judicial assistance;
  • navigation on / interaction with our website,
  • attendance to conferences or other events organised by Milano Notai;; or
  • your offer to provide services to the Firm.

As a general practice, Milano Notai collects and processes Personal Data voluntarily provided by you by e-mail or paper and / or by hand, etc., thereby giving your consent to the processing.

As indicated, in certain occasions (see for example letters d) above), your Personal Data may be collected from public sources and / or third parties.

 

  1. Purposes of Personal Data processing

The Firm may use your Personal Data for the following Purposes only (“Purposes”):

  1. carrying out the legal services entrusted to the Firm, and therefore providing the legal advice or legal services you requested;
  2. managing and handling the business relationship between you and the Firm, including payment processing, billing and all other necessary support services;
  3. complying with the legal obligations that are binding for the Firm, which include, for example, records-keeping obligations, anti-money laundering obligations (in particular those set forth by Legislative Decree No. 231/2007 and subsequent amendments) and obligations for the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (such data collection is, therefore, mandatory pursuant to Article 21 of Legislative Decree No. 231/2007 “Customer’s obligations” and subsequent amendments), as well as obligations related to compliance with antitrust regulations;
  4. managing and ensuring your security when accessing our offices, information and communication systems, online platforms, websites and other systems, including for the purpose of preventing and detecting security threats, fraud or other criminal or harmful activities;
  5. analysing and improving our services and communications to you;
  6. for insurance purposes;
  7. identifying persons authorised to act on your behalf;
  8. complying with obligations imposed by judicial authorities and / or for protecting our rights; and
  9. for any purpose related and / or ancillary to any of the above, or for any other purpose for which you provided your Personal Data.
  10. Only upon explicit consent, your Personal Data may also be processed for the following additional purposes (“Additional Purposes”):

  11. for the submission of the Milano Notai Newsletter, containing brief comments on new regulations, case law, Revenue Agency’s statements and cases rising from our own practice;
  12. for communication purposes -also anonymously – with regard to transactions handled by Milano Notai, including the mention of such transactions in surveys necessary for the Firm to receive awards concerning the client’s satisfaction with the services provided;

You can withdraw any consent given for the Additional Purposes at any time by sending a request to the following email address: studio@milanonotai.it.

 

  1. Legal basis for processing and consequences of the refusal to have Personal Data processed

Even if not as a general rule, there are not adverse effects if you do not provide the Firm with Personal Data and / or consent. However, failure to provide Personal Data and / or consent may prevent Milano Notai from performing the legal services entrusted to the Firm (e.g. where Personal Data are necessary to process the client’s instructions or orders). In such events, you will be informed immediately.

With particular reference to processing for the Purposes listed in Article 4 above, please note that the processing of your Personal Data is carried out:

  • in order to follow your instructions or for the performance of a contract between you and the Law Firm;
  • for compliance with a legal obligation;
  • because it is necessary for the purposes of our legitimate interests or of a third party, except where such interests are overridden by your interests or fundamental rights and freedoms.

Furthermore, the processing of your Personal Data may rely on your explicit consent.

If you do not give your explicit consent to the Additional Purposes, you will not receive any communication from Milano Notai, nor shall your Personal Data be used for these purposes. Failure to give consent for the Additional Purposes shall not prevent Milano Notai from providing the legal services entrusted to the Firm.

 

  1. Modalities for Personal Data processing

Processing is carried out through the following operations or set of operations: collection, recording, organisation, storage, consultation, treatment, alteration, selection, retrieval, comparison, use, interconnection, blocking, disclosure, cancellation and destruction of Personal Data.

Personal Data may be processed through both paper and electronic archives (including mobile devices) and as long as it is strictly necessary to pursue the purposes listed above.

The transfer of Personal Data takes place mostly online through structured data and by IT and telematic means available at the Firm. Italian notaries have adopted a common level of network and information security and digital signatures, supervised by the Certificate Authority to ensure the highest safety to citizens.

Data processing is carried out by the Data Controller and / or by authorised persons, which shall be expressly indicated to you on a case-by-case basis within legal services entrusted to the Firm.

 

  1. Communication and disclosure of Personal Data

Your Personal Data shall be processed by the Data Controller and by the persons authorised to process Personal Data.

For the proper performance of the legal services entrusted to the Firm and for administrative purposes, billing and other commercial purposes, your Personal Data may be disclosed – where necessary and on a confidential basis – to external collaborators and service providers, parties operating in the judicial field and to counterparties, inter alia.

In particular, we may communicate your Personal Data to:

  • other notaries, lawyers, legal experts or advisers; or
  • foreign notary firms with the aim of obtaining legal advice on the basis of foreign law.

The Firm may be required to transfer certain data to public bodies where it is in the public interest to do so and as long as strictly required by law. Such data will mostly update information within the public registries about you and other parties, which may be concerned.

We may disclose your Personal Data to:

  • Revenue Agency, former registry office (Ministry of Economy and Finance) for the purpose of tax registration of the contract;
  • Land Registry, former conservatoria of land registry and Land Register Office (Ministry of Economy and Finance) for the purpose of registration of the contract and transfer of entitlement;
  • Registry Office, for any formality (for example the annotation alongside the premarital agreement about division of property);
  • Business Register, for the constitution of corporations and partnerships amendments to status and pacts, assignment of shares and similar operations.

Access to each public office’s archive is strictly regulated by law; most of Public Registers are freely accessible to anyone.

On a confidential basis, we may disclose your Personal Data to:

  • third parties for the maintenance of our systems;
  • companies providing services in the field of anti-money laundering, credit recovery and for other crime prevention purposes;
  • service providers.

We shall disclose your Personal Data in one or more of the following circumstances only: (i) upon your authorisation; (ii) when required by law or applicable regulation, or ordered by a judicial/administrative authority; or (iii) to investigate the existence of any actual or suspected fraudulent or criminal activity.

For more information, please contact us at the following email address: studio@milanonotai.it.

 

  1. Transfer of Personal Data abroad

Milano Notai is active at international level. Therefore, your Personal Data may be transferred abroad, if required for the performance of the Purposes and / or Additional Purposes.

In particular, your Personal Data may be transferred to non-EU countries in respect of which the European Commission has decided, in accordance with Article 45 of Regulation (EU) 2016/679, that the laws in force therein ensure an adequate level of protection of Personal Data.

In the absence of such a decision by the European Commission, your Personal Data may be transferred to non-EU countries only after Milano Notai has implemented adequate safeguards on data protection, in accordance with Article 46 Regulation (EU) 2016/679, for example by adopting standard contractual clauses established by the European Commission (available at the following link: https://ec.europa.eu/info/law/law-topic/data-protection/data-transfers-outside-eu/model-contracts-transfer-personal-data-third-countries_en).

Milano Notai ensures and will always ensure an adequate level of protection of your Personal Data. In this regard, we will always ask our suppliers, agents, consultants, etc. to provide equal safeguards for the protection of your Personal Data.

 

  1. Personal Data storage

The Firm retains your Personal Data as long as is strictly necessary for the performance of the legal services entrusted to the Firm. Upon termination of the engagement, the Firm shall retain such Personal Data for as long as is strictly necessary for the purposes of compliance with the applicable sectorial law (e.g. notary law on original acts,  civil code on publication duties, fiscal law on billing and accounting data, anti-money laundering legislation on adequate verification).

 

  1. Security and transfer of Personal Data

Any processing, storage and use of your Personal Data is safeguarded by appropriate technical and organisational measures to keep your Personal Data confidential and secure in accordance with our internal procedures. Personal Data may be stored on our Personal Data management systems, on those of our suppliers or on paper files.

 

  1. Your rights

You have the right to obtain at any time confirmation as to whether or not your Personal Data are being processed, even if not yet registered, in an intelligible form. Additionally, you have the right to obtain:

  • the update, amendment and / or integration of your Personal Data;
  • the cancellation, anonymization or blocking of your Personal Data processed in breach of the law, included those no longer necessary in relation to the purposes for which they were collected or subsequently processed;
  • confirmation as to whether controllers processing your Personal Data have been informed about the exercise of the above-mentioned rights, unless the provision of such information proves impossible or would involve a disproportionate effort;
  • receive Personal Data you provided in a structured, commonly used, machine-readable and interoperable format, and request that such Personal Data be transmitted to the contacts listed below;
  • the erasure of your Personal Data (right to be forgotten) stored in our archives by giving notice to the contacts listed below;
  • the restriction of processing.

You are also entitled to object, in whole or in part, to processing of Personal Data:

  • on grounds relating to his or her particular situation, even where the processing adheres to the purposes of collection;
  • where personal data are processed for direct marketing purposes; and
  • to lodge a complaint with the Italian supervisory authority (“Garante per la protezione dei dati personali”)

To exercise one or more of the rights listed above, send a request to Milano Notai:

  • by mail at Via Alessandro Manzoni, 14, 20121 – Milano, Italia; or
  • by e-mail at studio@milanonotai.it.

The exercise of one or more of the aforementioned rights is free of charge and devoid of any formalities.

Should you receive our email newsletter, click on “Remove/Unsubscribe  ” at the bottom of the e-mail to opt out.

 

  1. Contacts

For any further clarification or information about the contents of this Privacy Policy, please send an email to studio@milanonotai.it.

Changes to this Privacy Policy

From time to time, this Privacy Policy may be updated in order to comply with new provisions and to pursue the Firm’s interests.

You are advised to review this Privacy Policy periodically for any changes at our website www.milanonotai.it.

You may be required to renew you consent in case of material changes listed at the beginning of the Privacy Policy.